ICC Afghanistan Probe
44 Articles

How to Get Away With Crimes Against Humanity: The Statutory Gap in US Law
Congress can bring justice for victims of crimes against humanity by passing a statute with universal jurisdiction.

Biden’s Cooperation with the ICC Is a Step Toward Embracing Reality
Biden's decision may end a dangerous practice of wishful thinking about U.S. exposure to the ICC’s jurisdiction, one that has helped enable U.S. policies ranging from attacks…

A Crisis of Justice for Afghan Victims of War
Afghan citizens are denied justice at every level - from domestic impunity for Taliban crimes to international impunity for abuses by coalition forces. A clarion call from the…

Uncertain Future for the ICC’s Investigation into the CIA Torture Program
The ICC Office of the Prosecutor has "deprioritized" investigation of CIA torture in Afghanistan. But Julian Elderfield, a former attorney in the OTP, says the stated reasons for…

The International Criminal Court and Afghanistan
Here's how the ICC can advance justice in Afghanistan despite the Taliban takeover.

Evidence Destruction and the Crisis In Afghanistan
Evidence of international crimes is at risk in Afghanistan - endangering witnesses, victims, and the pursuit of justice. The international community must take steps to secure it.

Ending the Forever War, But Leaving a Legacy of Impunity in Afghanistan
The international military forces withdrawing from Afghanistan leave behind a legacy of impunity that threatens to undermine hopes for peace and justice in Afghanistan for years…

The US Should Respect the ICC’s Founding Mandate
An American Society of International Law task force recommends ways to improve the Court, but some of the advice seems to undermine the goal.

Why Biden Needs to Rescind Trump’s ICC Sanctions Now
A deadline looms in the case challenging executive order 13928, which imposed sanctions against the ICC. Will the Biden administration defend the former administration’s reckless…

Balancing the US Approach to the ICC
As the Biden administration develops a new direction in American foreign policy, the ICC is also charting a new institutional course.

The Biden Administration Should Engage with the ICC – the Evidence Shows That It Saves Lives
The ICC’s success is not determined by number of indictments or convictions but by its effect on the world - and the empirical evidence shows that the ICC reduces violations…

U.S.-ICC Relations Under a Biden Administration: Room to Be Bold
The Trump administration approached the ICC with open and unproductive hostility. Can Biden reset relations? Kip Hale says yes: first, remove sanctions. Second, investigate and…